Mwasi v. Corcoran State Prison

Filing 63

ORDER ADOPTING 60 FINDINGS AND RECOMMENDATIONS signed by District Judge Dale A. Drozd on 09/17/2016. (Flores, E)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KING MWASI,

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Plaintiff,

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No. 1:13-cv-00695-DAD-JLT

v.

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS

CORCORAN STATE PRISON et al.,
(Doc. Nos. 59, 60)

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Defendants.

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Plaintiff, King Mwasi, is a state prisoner proceeding pro se and in forma pauperis in this

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civil rights action brought pursuant to 42 U.S.C. § 1983. The matter was referred to the assigned

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magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302 of the United States

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District Court for the Eastern District of California.
On May 20, 2015, the assigned magistrate judge screened the third amended complaint

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and issued findings and recommendations, recommending that plaintiff be allowed to proceed on

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some of his claims and that the rest of his claims be dismissed. (Doc. No. 60.) The findings and

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recommendation were served that same day and allowed thirty days for plaintiff to file objections.

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(Id.) After receiving a sixty-day extension of time, plaintiff has not filed any objections. (Doc.

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Nos. 61, 62.)

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the court has conducted a

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de novo review of this case. Having carefully reviewed the entire file, the court finds the findings

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and recommendations to be supported by the record and by proper analysis. As the magistrate

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judge noted, liberally construed, plaintiff’s third amended complaint appears to state cognizable

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claims against defendants LVN Reynoso and LVN Teran for deliberate indifference to plaintiff’s

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serious medical needs. (See Doc. No. 60 at 19–20.) However, because those claims are not

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related to the other claims on which plaintiff will proceed in this action, they should be dismissed.

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(Id.) To the extent plaintiff wishes to assert those claims against defendants LVN Reynoso and

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LVN Teran, plaintiff is advised to file each of them with the court in separate complaints.

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Accordingly,

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1. The May 20, 2016 findings and recommendations (Doc. No. 60), are adopted in full;

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2. This action for damages shall proceed on the following claims in plaintiff’s third

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amended complaint:

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a. against defendants Dr. Mahoney, Dr. Blanchard, Urbano LCSW, and Prince

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LCSW for deliberate indifference of plaintiff’s serious medical needs in violation

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of the Eighth Amendment;

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b. against defendants Dr. Blanchard and Prince LCSW for retaliation in violation of

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the First Amendment;

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c. against defendant guards Cordova, Torres, and J. Gomez for excessive use of force

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and regarding the conditions of his confinement in violation of the Eighth

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Amendment, and against Sgt. Holland for his knowledge and acquiescence in

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defendant guard Torres’ use of excessive force; and

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3. All other claims and defendants are dismissed; and

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4. The matter is referred back to the assigned magistrate judge for further proceedings

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consistent with this order.
IT IS SO ORDERED.
Dated:

September 17, 2016
UNITED STATES DISTRICT JUDGE

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